PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                23 December 1998
	DOCKET NUMBER:       AC98-12726
                                                  AR1998012931

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Lester Echols		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests award of the Purple Heart.

3.  The applicant states he was wounded three days before Christmas in 1944.  He states that he was wounded in the groin when his jeep was blown up.  He states that he was taken to the 15th General Hospital and the hospital was blown up by the enemy.  The applicant claims that he was thrown 30 yards through a brick wall.  In support of his application he submits copies of discharges, medical records and a newspaper article.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he entered active duty in an enlisted status on 17 January 1941.  He served in the European Theater of Operations from 3 July 1944 to 6 July 1945 and was honorably discharged on 13 July 1945.  He later served on active duty as an officer from September 1950 to December 1952.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show the Purple Heart as an authorized award and shows none under item 34 (Wounds received in Action).  The Board notes the applicant is entitled to the World War II Victory Medal which is not shown on his discharge.

6.  The applicant provided a copy of a medical examination, dated 11 December 1952, which shows in item 73 (notes) the entry “WOUND MISSLE LEFT GROIN, 1944 HOSPITALIZED FOR 3 DAYS IN EUROPE”.

7.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  Evidence of record shows the applicant was wounded in Europe 1944; therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show this award.

2.  The applicant was awarded the World War II Victory Medal; therefore, he is entitled to correction of his records to show this award.
3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for wounds sustained on or about 22 December 1944 and showing on his WD AGO Form 53-55 that he was awarded the Purple Heart and the World War II Victory Medal.

BOARD VOTE:  

RVO____  KAK____  LE______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC9812726/AR1998012931	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1998/12/23	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR HARRELL	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.